(a) Continuous Session of District Court. The district court is in continuous session in each
county. Criminal and civil cases willmust be scheduled for trial in
accordance with a
calendaring procedure maintained and operated under the direction and supervision of the
presiding judge of the district.

(b) [Deleted]

(c) Trial Dates. All contested cases willmust be assigned trial
dates by the trial judge under
the direction and supervision of the presiding judge of the district.

(d) Trial Date Continuances. No continuance on trial dates will be given unless
formally
approved by the trial judge scheduled to hear the case. A party seeking a
continuance must
make a request to continue a trial must be made within
ten10 days after receipt ofreceiving
notice of trial given byfrom the court. The trial judge scheduled to
hear the case must
approve any request for continuance. If unavoidable circumstances should arise
are shown,
the trial judge may consider waivingwaive the ten10-day requirement.

(e) Untried cases. Actions or proceedings that haveOn motion, or on
its own, the court may
dismiss, without prejudice, an action or proceeding that has been pending and filed in which
there has been a want of prosecution for more than one year may be dismissed without
prejudice by the court on its own motion upon notice or on motion of either party.

Rule 40 was amended, effective _______________, in response to the December 1,
2007,
revision of the Federal Rules of Civil Procedure. The language and organization of the rule
were changed to make the rule more easily understood and to make style and terminology
consistent throughout the rules.

Rule 40 was amended, effective March 1, 2008, to eliminate the note of issue and
certificate
of readiness requirement. Decisions on placement of cases on the trial calendar are made at
Rule 16 scheduling conferences or as otherwise scheduled by the court.

Subdivision (a) provides for continuous session of district court, rather than distinct "terms"
of court. The presiding judge is to oversee the calendaring process.

Subdivision (e) provides for dismissal of untried cases after one year of inactivity.

The rule was amended, effective January 1, 1988, to make the rule gender neutral.